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15 May 2024, 6:00 am
Accountability, Inc. v Cuomo, 167 AD3d 1406, 1409 [3d Dept 2018], appeal dismissed 33 NY3d 993 [2019], lv dismissed & denied 34 NY3d 961 [2019]). [read post]
15 May 2024, 6:00 am
Accountability, Inc. v Cuomo, 167 AD3d 1406, 1409 [3d Dept 2018], appeal dismissed 33 NY3d 993 [2019], lv dismissed & denied 34 NY3d 961 [2019]). [read post]
10 May 2024, 9:00 am
The majority of the opposition letters were form submissions — some with additional personal statements — pursuant to a letter-writing campaign at the behest of petitioner The Lake George Association (hereinafter LGA). [read post]
10 May 2024, 9:00 am
The majority of the opposition letters were form submissions — some with additional personal statements — pursuant to a letter-writing campaign at the behest of petitioner The Lake George Association (hereinafter LGA). [read post]
8 May 2024, 4:51 am
Am., 219 AD2d 454, 454 [1st Dept 1995], lv denied 87 NY2d 804 [1995]; see Ewald v Erie Ins. [read post]
26 Feb 2024, 3:54 am
Realty Corp., 60 AD3d 404, 405 [1st Dept 2009], lv dismissed 12 NY3d 880 [2009]). [read post]
16 Feb 2024, 12:13 pm
Then, in Lexmark v. [read post]
20 Dec 2023, 6:32 am
At that time, Schlesinger was an associate at J&S who had met with plaintiff and represented her at the 50-h hearing. [read post]
18 Dec 2023, 3:25 am
This speculation is insufficient to establish that defendant’s malpractice, if any, was a proximate cause of plaintiff’s losses (see Brooks v Lewin, 21 AD3d 731, 734-735 [1st Dept 2005], lv denied 6 NY3d 713 [2006]). [read post]
12 May 2023, 5:11 am
; see also Davis v Cohen & Gresser, LLP, 160 AD3d 484, 486 [1st Dept 2018], lv denied 32 NY3d 911 [2018]). [read post]
11 Apr 2023, 6:00 am
Thus, we cannot sustain Supreme Court's partial granting of the petition on this ground (see Matter of Level 3 Communications, LLC v Essex County, 129 AD3d 1255, 1256 [3d Dept 2015], lv denied 26 NY3d 907 [2015]). [read post]
11 Apr 2023, 6:00 am
Thus, we cannot sustain Supreme Court's partial granting of the petition on this ground (see Matter of Level 3 Communications, LLC v Essex County, 129 AD3d 1255, 1256 [3d Dept 2015], lv denied 26 NY3d 907 [2015]). [read post]
27 Mar 2023, 3:55 am
[but] the fact that dissension exists and has resulted in a deadlock precluding the successful and profitable conduct of the corporation’s affairs’ ” (Matter of ANO, Inc. v Goldberg, 167 AD3d at 732, quoting Matter of Goodman v Lovett, 200 AD2d 670, 670-671 [2d Dept 1994], lv dismissed 84 NY2d 850 [1994]). [read post]
3 Feb 2023, 9:30 pm
[by] name or other reasonable technological effort" (Matter of Pflaum v Grattan, 116 AD3d 1103, 1104 [3d Dept 2014]; see Matter of Reclaim the Records v New York State Dept. of Health, 185 AD3d 1268, 1269 [3d Dept 2020], lv denied 36 NY3d 910 [2021]). [read post]
3 Feb 2023, 9:30 pm
[by] name or other reasonable technological effort" (Matter of Pflaum v Grattan, 116 AD3d 1103, 1104 [3d Dept 2014]; see Matter of Reclaim the Records v New York State Dept. of Health, 185 AD3d 1268, 1269 [3d Dept 2020], lv denied 36 NY3d 910 [2021]). [read post]
21 Dec 2022, 6:22 am
The complaint otherwise failed to state a cause of action for breach of contract or violation of Judiciary Law § 487(1) (see generally Second Source Funding, LLC v Yellowstone Capital, LLC, 144 AD3d 445, 445-446 [1st Dept 2016]; Brookwood Cos., Inc. v Alston & Bird, LLP, 146 AD3d 662, 669 [1st Dept 2017]; Facebook, Inc. v DLA Piper LLP [US], 134 AD3d 610, 615 [1st Dept 2015], lv denied 28 NY3d 903 [2016]; CPLR 3211[a][7]). [read post]
16 Sep 2022, 5:14 am
Co. v Rosenberg & Estis, 192 AD2d 451,451 [1st Dept 1993], lv denied 82 NY2d 654 [1993] [plaintiff’s unilateral beliefs and actions do not confer upon it the status of client”]). [read post]
24 Jun 2022, 9:09 pm
We agree with respondent that the proceeding, insofar as it challenges the constructive denial of petitioner's FOIL request, is moot (see Matter of Save Monroe Ave., Inc. v New York State Dept. of Transp., 197 AD3d 808, 809 [2021], lv denied 38 NY3d 905 [2022]; Matter of Vertucci v New York State Dept. of Transp., 195 AD3d 1209, 1210 [2021], lv denied 37 NY3d 917 [2022]; Matter of Gannett Satellite Info. [read post]
24 Jun 2022, 9:09 pm
We agree with respondent that the proceeding, insofar as it challenges the constructive denial of petitioner's FOIL request, is moot (see Matter of Save Monroe Ave., Inc. v New York State Dept. of Transp., 197 AD3d 808, 809 [2021], lv denied 38 NY3d 905 [2022]; Matter of Vertucci v New York State Dept. of Transp., 195 AD3d 1209, 1210 [2021], lv denied 37 NY3d 917 [2022]; Matter of Gannett Satellite Info. [read post]
24 Jun 2022, 9:06 pm
Consequently, as there was no medical evidence establishing a recognizable link between claimant's injuries and repetitive movements associated with her work activities, substantial evidence supports the Board's determination that claimant did not establish that she sustained a causally-related occupational disease (see Matter of Patalan v PAL Envtl., 202 AD3d at 1253; Matter of Barker v New York City Police Dept., 176 AD3d at 1272-1273; Matter of Glowczynski… [read post]
